Revolutionary War Pension and Bounty Land Warrant Application File W. 23,091, John Gardner, New Jersey

SERVICE
NUMBER _____
New Jersey
Tardner, John Elizabeth
No. 23,091
CONTENTS

Dead
Paid at the Treasury under the Act of the 10 th April 1838 from 4 March 1835 to 29. May 1837 the day of his death. Aged 50 April 1839.
29,764
New York
John Gardner of Orange Co in the State of New York who was a private in the company commanded by Captain Deack of the regt commanded by Genl Wain in the New Jersey line for 7 months private
Inscribed on the Roll of New York at the rate of 23 Dollars 33 Cents per annum, commence on the 4th day of March, 1834.
Certificate of Pension issued the 19 day of Feb 1835 and Sept 16 1835 Marshall Goshorn
Arrears to the 4th Sept 81 06 Semi-ann. allowance ending March 11 66 $93 32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Saml Boyd Clerk, Book 62 Vol. 4 Page 25

Orange County ss. John Gardner the Pensioner named in the annexed Declaration being duly sworn according to Law disposeth and saith that he has a distinct recollection of serving as a private in the militia for the Tours of duty and for the length of time specified in his declaration and that he served at other times but he cannot fix the length of time so as to state it under oath that in each term of duty stated in his declaration he was called into the service of the United States by competent authority that in the first term of ser- vice for one month he cannot recollect the name of the Colonel And on the second tour of duty for six months Colonel Hether- way commanded the regiment Captain Beach was his Captain This service was in the fall of 1777. and winter & spring of 1778 the third term of service he thinks was in the summer of 1778 that he cannot state the time with more precision than what he has done in his said Declaration and as above in this additional affidavit but knows that he was in actual service of the United States during the time specified in his said declaration and that during all that time he was not engaged in any civil pursuit & further saith that there is no person now living to his knowledge that served with him
Sworn & subscribed this 15 th day of June 1833. before me
John Gardner
Ch. Moulton a Supreme Court Commissioner for Orange County

I Asa Dunning Clerk of the Court of Common pleas in and for the County of Orange in the State of New York do certify that Charles Monell before whom the within affidavit of John Gardner was sworn was at the time and now is a Supreme Court Commissioner in and for the said County of Orange and that the signature subscribed to said affidavit is his genuine signature In witness whereof I have hereunto set my hand and seal of office this seventeenth day of July 1833
Asa Dunning Clerk

New York - Albany
Elizabeth Gardner
widow of John Gardner who was a Private in the New Jersey line for 7 months
Inscribed on the Roll at the rate of 23 Dollars & 33 Cents per annum, to commence on the 4th day of March, 1843.
Certificate"> Certificate of Pension issued the 21 st day of June, 1843. and sent to 
J. A. Dunning, Agt. Bloomingburgh Sullivan Co. N.Y.
[Act of March 3, 1843.]
Recorded in Book A Vol. 1. Page 106.
Letter to Joseph Ellis. 19. Jan y 1844. " to Hon. N. P. Talmadge 2 Feb 1844.
all in all
Rep June 24

John Gardner
Ch. Monitor Atty Goshen Orange Co N.Y.
22041
Alma, Imo. pri  $23.33.-

State of New York
Orange County ss. ss. On this fifth day of December in the year one thousand eight hundred & thirty two personally appeared in open Court before the Judges of the court of common pleas in & for Orange County now sitting, John Dardner of the town of Minisink in the county of Orange and State of New York aged seventy one years last Spring who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832 —
That he entered the service of the United States under the following named officers and served as herein stated
1 The first time he went was in the year 1777 under Captain Beek as a private in the militia and was stationed at Elizabeth Town in the State of New Jersey he was out one month and General Myles commanded of the militia —
6 The second time was out under Captain Beek at Elizabeth Town in New Jersey and Morristown under General Myles. That he served six months he does not remember any Continental officers being there. That he has served at another time 2 two months guarding the lines at Elizabeth Town New Brunswick Miss between those places reuniting the British and Tories. That he was frequently called out on alarms at other times than those above stated but inasmuch from the lapse of time and the consequent loss of memory he is unable to state the same more particular than as follows at Hackensack & Acquackinock at least three weeks as a private in the militia under Captain Beek don't remember for any field officers but General Myles of the militia cannot tell the year time at another the detachment was ordered out and went to Minisink under Captain Debo General Myles commanded was out on that 3/4 alarm more than three weeks the Head quarters was at Colonel Roosevelts on the Delaware River from that went to Major Westbrooks this time was about the time of cutting backwheat but cannot state the year don't remember any other officers out at that time: — at the another time of Monmouth Battle detachment was out & went to

Elizabeth town lies there a few days then marched to New Brunswick which was where we were ordered to return to Eliza- beth town and discharged on Sunday morning the same day of the Battle of Monmouth but opponent does not recollect the year of his own recollection but has been told it was in 1778 opponent remembers it was in cherry time was out this time at least three weeks under Captain Beach General Wines Commanded - at an other time when the British landed at Elizabeth Town and burnt the place called Connecticut Farms this opponent was ordered out and met the British at Spring field and had a skirmish there that night the British retreated to Elizabeth Town the American army pursued and came to an engagement the day following their retreat the next night the British retreated across the Bay opponent was out this time about three weeks under Captain Beach Barren Station Commanded don't remember any other. Cannot state the year but it was a short time before what has been officers names at that time, at an other time when the Pennsylvania line revolted and turned upon their officers opponent was ordered out in the matter (to suppress the insurrection) and is Captain Beach don't remember the field officers was out at this time at Morris town Battle Hill Chatham Mendham was out this time at least more two weeks - opponent was out on a great number of occasions other than that above for a few days but cannot state them with certainty on all the occasions where this opponent was called into service he went as a private in the matter that he was out at all the times above stated times amounting in the whole to  more year and half a month. He hereby relinquishes every claim whatever to a pension or annuity ex- cept the present and desires that his name is not on the pension roll of the agency of any state that he knows of no person now living who served with him And to the interrogatories specially propounded by the court pursuant to the regulations of the Secretary of War he answers 1st. He was born at Morris Town in the state of New Jersey on the second day of March 1761

2 He has a record of his age in his fathers Bible now in exponents possession -
3 He lived at Morristown in the state of New Jersey when called into service and continued to live there until about the year 1790 when he removed to the town of Wantage in the state of New Jersey and lived there until the year 1801 when he removed to the town of Minisink County of Orange and state of New York where he has resided ever since and now resides there
4 He was called to take his town as a Matine man but now as a substitute
5 He cannot recollect any of the officers under whom he served except Captains Joseph & Saby Brack Colonel Hothaway Genl Wymus Captain Debo all of the Matine of New Jersey Barron Stuben of the Regular army although he knew at the time more of the officers he cannot now recollect them -
6 th He now receives a written discharge
7. Increase B. Stockton Esquire Davies Christie Esquire Daniel Miess Daniel P. Miess Thomas Miller Elder Zolohus Grinnell and all his neighbourhood - He does not know of any person now living who knows of his actual service in the Revolution
Sworn & Subscribed in open Court the day & year aforesaid
Ada Dunning Clerk
John G. Gardner
We Zolohus Grinnell a clergyman residing in the town of Minisink and Joseph Schoonover aged seventy  sixty one years re- siding in the same place hereby certify that we are well acquainted with John Gardner who has subscribed and sworn to the above declaration that we believe him to be about seventy one years of age that he is respected and beloved in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Sworn to by Schoonover the day and year aforesaid in open Court
before me Ada Dunning Clerk of the Court Pleas.
Joseph his Schoonover Zolohus his Grinnell

2 He has a record of his age in his father's Bible now in exponents possession -
3 He lived at Morristown in the state of New Jersey when called into service and continued to live there until about the year 1790 when he removed to the town of Wantage in the state of New Jersey and lived there until the year 1801 when he removed to the town of Minisink County of Orange and state of New York where he has resided ever since and now resides there
4 He was called to take his town as a Militia man but never as a substitute
5 He cannot recollect any of the officers under whom he served except Captains Joseph & Saby Brach Colonel Hathaway Genl Myers Captain Debo all of the Militia of New Jersey Barron Stuben of the Regular army although he knew at the time more of the officers he cannot now recollect them -
6 th He never received a written discharge
7. Increase B. Stockton Esquire David Christie Esquire Daniel Miess Daniel V. Miess Thomas Miller Elder Zebulon Gremmel and all his neighbourhood - He does not know of any person now living who knows of his actual service in the Revolution
Sworn & Subscribed in open Court
this day & year aforesaid
Asa Dunning Clerk
John Gardner
We Zebulon Gremmel a clergyman residing in the town of Minisink and Joseph Schoonover aged seventy  sixty one years re- siding in the same place hereby certify that we are well acquainted with John Gardner who has subscribed and sworn to the above declaration that we believe him to be about seventy one years of age that he is respected and beloved in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Sworn to by Schoonover this day and year aforesaid in open Court
before me
Asa Dunning Clerk for Com Pleas.
Joseph Schoonover his mark Zebulon Gremmel

Orange County } ss On the 29 th December 1882 The within City State of New York } sciat was subscribed and sworn to before me by Eldon Greenel The subscriber one of the Commissioners to take acknowledgements of Deeds &c for said County
Simson M. Stoddard
This may certify that we whose names are hereunto subscribed are personally acquainted with the within named John Gardner & have been for thirty years (Except Tho: Miller only about thirteen ) & believe he has lived in the town of Minisink County of Orange and State of New York upwards of thirtyone years & believe him to be a man of truth & veracity & we would give full faith & credit to his testimo- ny especially when under oath & therefore have no doubt of his having served in the militia in the American revolution as is within stated in his affidavit
Dec: 29 th 1882
Increase B. Stoddard David Christie
you are so certified & sincerely attest, affirm that the contents of the above certificate is true to the best of my knowledge & belief. Thomas Miller
John Gardner's papers
H. Flower
Orange County } ss The above Certificate was State of New York } sworn to by Stoddard Christie & Miller The 11 th day of January 1883 before me
Simson M. Stoddard, Commissioner Deeds &c
This may certify that we whose names are hereunto subscribed are personally acquainted with John Gardner & have been for thirty years & believe him to have lived in the town of Minisink County of Orange & State of New York as stated in his declaration & believe him to be a man of truth & veracity & would give full credit to his testimony and have no doubt of his having served in the American Revolution as stated in his deposition, January 11 th 1883
Sworn & subscribed by Daniel M. & Daniel (Daniel Miers) Nines this 11 th of January 1883 before me Simson M. Stoddard Commissioner of Deeds &c

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary Soldier and served as he states. And the Court further certifies that it appears to them that Zebulus Grenell who has signed the preceding certificate is a clergyman residing in the town of Minisink aforesaid and that Samuel Joseph Schoonover who has also signed the said certificate is a resident of the said town of Minisink and is a credible person and that their statement is entitled to credit. And I Asa Dunning Clerk of the Court of Common Pleas in and for Orange County do certify that the said Joseph Schoonover was duly sworn in open court before the said Court to the truth of the said certificate And that the foregoing contains the original proceedings of the said Court in the matter of the application of John Gardner for a pension -
And I do further certify that Simon M Stoddard before whom the annexed certificates of Zebulus Grenell Increase B. Stoddard David Christie Thomas Miller Daniel Miess and Daniel M Miess were sworn to was on the several days when the said oaths purport to have been made a commissioner duly appointed and sworn into office authorized to administer oaths and take affidavits and the name Simon M Stoddard subscribed to the first of the said affidavits I believe the proper hand writing of said Simon M Stoddard In testimony whereof I have hereunto set my hand and seal of office this sixteenth day of January in the year one thousand eight hundred and thirty three
Asa Dunning Clerk

State of New York / On this 11 th day of March 1841 Orange County / personally appeared before the undersigned a Justice of the court of common pleas being a court of record in and for the said county Elizabeth Gardner a resi- = dent of the town of Middletown in the county of Orange and State of New York aged Seventy Nine years who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 1838; in order to obtain the benefit entitled Star act granting half pay and pensions to certain widows That she is the widow of John Gardner who was a private in the Militia of Morris County in the State of New Jersey That she is unable from old age and loss of memory to state the other names that he served under or the different services that he perfor- med during the war of the Revolution That she relies on the evidence already on file in the Pension office in the case of her husband John Gardner who at the time of his death was a pensioner of the United States under the act of 1832 and at the time that he was pensioned lived in the county of Orange and State of New York She further declares that she was married to the said John Gardner or about on the eight day of May 1784 by the Rev John Lohin at Mendham Morris County New Jersey That her husb- = and the aforesaid John Gardner died on the 29 th day of May 1837 as will more fully appear by reference to the proof already on file in the pension office returned with the certificate of the said John Gardner after his death That her name before marriage was Elizabeth Brown That she was not married previous to his leaving the service but the marriage took place

previous to the first day of January Seventeen hundred and ninety four '94' at the time above stated sworn to and subscribed on the day and year before stated
Sworn and subscribed before me
Elizabeth Gardener mark
J. Fullerton Judge of county courts
State of New York / I certify that Elizabeth Gardener Orange County / who made and subscribed the foregoing declaration is a woman of truth and veracity and her statements made in the foregoing declaration are entitled to full credit and belief and from personal examination of the said Elizabeth Gardener I am satisfied that from bodily infirmities she should be excused from attending the sittings of the court of sessions in and for Orange County.
J. Fullerton Judge of county courts
State of New York / James M. DeKay of the town of Minerva Orange County / in the said county being a man of truth & veracity and being duly sworn deponeth and saith that John Gardener who was a prisoner of the United States and who is mentioned in the foregoing declaration died on the 29 day of May 1837 and that Elizabeth Gardener has ever since remained and still is a widow
Sworn and subscribed before me March 11 th 1841 J. Fullerton Judge of county courts
James M. DeKay

THE NEW TESTAMENT Of our LORD and SAVIOUR JESUS CHRIST,
Newly translated out of the ORIGINAL GREEK;
And with the former
TRANSLATIONS
Diligently Compared and Revised,
By His MAJESTY's Special Command.
Appointed to be Read in Churches.
EDINBURGH:
Printed by the ASSIGNS of ALEXANDER KINCAID, His Majesty's Printer.
M D C C L X X X I I I.

Gardner
July 4 1786 Daniel born
Mary gar born June 3 1788
Timothy gar born March 7 1790
Rachel Gardner born April 12 1792 ye
Rachel Gardner born November 26 1794 ye
Elizabeth Gardner born February 26 1797 ye
Esther Gardner born July 13 1799 ye
Abigail Gardner born June 9 1801 ye
Esther deceased August 23 1801 ye

No 7931
above number in book
(1010) 1010

State of New Jersey } On this 25 th day of June Morris County } Eighteen Hundred and forty one personally appeared before the undersigned a Justice of the Peace in and for Morris County. Daniel Brown, aged Eighty four years who makes oath that he is the brother of Elizabeth Gardner who as he has been informed is now a widow living in the town of Middletown in the County of Orange and State of New York That he was present at the marriage of Elizabeth Brown his sister and that she was married to John Gardner at a place called Mendham Morris County New Jersey by the Rev John Soline then Pastor of the Presbyterian Church in Mendham That he saw John Gardner and Elizabeth Brown above named married on the Eight day of May Sixteen hundred and Eighty four as above stated and that afterwards the said John Gardner and his wife Elizabeth left Mendham and went to the County of Orange in the State of New York he believes the said John Gardner died and where his widow Elizabeth still lives and further this deponent saith not sworn to and subscribed the day and year above written and I certify That the above named Daniel Brown is a creditable witness Jonathan Miller
Daniel his X Brown mark.

State of New Jersey } Morris County } p 3
I David B Hurd Clerk of the Inferior Court of Common Pleas in and for said County of Morris do hereby certify that the affidavit of Daniel B. Borton taken and subscribed before Jonathan Miller Esq. was at the time of taking said deposition a Justice of the Peace commissioned and sworn to residing in said County of Morris and that full faith and credit is due to all of his official acts and I further certify that I am well acquainted with the hand writing of the said Jonathan Miller Esq. and verify believe his signature to the with in affidavit to be genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Morris Town this 29 th day of June A.D. 1841
D B Hurd Clerk
State of New York } Orange County } p 3
I William Fullerton a Notary Public being duly sworn and commissioned and dwelling in the village of Newburgh do certify that I am now acquainted with Stephen W. Fullerton whose signature is attached to the foregoing affidavit and certificate, that he is a Judge of the Court of Common Pleas of said County and that the said signature attached as aforesaid is genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 8 th day of July
1841
William Fullerton
Notary Public
No 7931

7926
Elizabeth Gardner N.Y.
act 7. July 38
Ms 84. v. 87,
adm?
Ymopri
23. 33.
29 May '37.
from Sept. 3 the day of his death
Hon J. H. Clinton
Newburyport
Yours of 1 st instant
1895

Morris County ss State of New Jersey
Personally appeared before me William Babbitt one of the Justices of the Peace and for the County of Morris the Rev. Daniel H. Johnson Pastor of the First Presbyterian Church in Mendham and being duly sworn according to law on his oath saith that there is no record of the Marriage of John Gardner and Elizabeth Brown to be found and he the deponent believes that the Rev. John Gardner at the time of the said Marriage did not keep any record of Marriages or that there is not any at present to be found and further this deponent saith not
taken and sworn before me
this 10 th day of Aug t 1841
Daniel H. Johnson
William Babbitt Justice of the Peace

State of New Jersey Morris County } ss. I David B. Haines Clerk of the Superior Court of Common Pleas in and for the County of Morris aforesaid do hereby certify that William Babbitt Esq. before whom the affidavit of Daniel H. Johnson was taken was at the time of taking said affidavit and still is a Justice of the Peace of said County duly commissioned and sworn and residing in said County and that full faith and credit is due to all his official acts and I do further certify that I am well acquainted with the hand writing of the said William Babbitt and etc.
STATE OF NEW YORK, } ss. I, LEBBEUS L. VAIL, Clerk of the Court of Common Pleas, in and for the County ORANGE COUNTY, } of Orange, Do HEREBY CERTIFY, That Stephen W. Fattleton before whom the foregoing Affidavit was subscribed and sworn, was at the time of taking the same, a Judge of Orange County Courts in, and for said county : and further, that I am well acquainted with the hand writing of the said Judge and verily believe that the signature to the said Affidavits & Certificate is genuine.
IN WITNESS WHEREOF, I have hereunto set my Hand and affixed the Seal of
the said County, the 7 th day of September
184 1
Lebbeus L. Vail Clerk

State of New Jersey Morris County ss
I David B Huns, Clerk of the Superior Court of Common Pleas in and for the County of Morris aforesaid do hereby certify that William Babbitt Esq. before whom the affidavit of Daniel H. Johnson was taken was at the time of taking said affidavit and still is a Justice of the Peace of said County duly commissioned and sworn and residing in said County and that full faith and credit is due to all his official acts
and I do further certify that I am well acquainted with the hand writing of the said William Babbitt and verily believe that the signature of the within affidavit is the proper hand writing of the said William Babbitt
In Testimony Whereof I have hereunto set my hands and affixed the Seal of said Court at Morris Town This tenth day of August A D 1841
D B Huns Clerk

John Gaudner Orange Co. New York
Official Respectfully Suspended Officer in Special
Charles Moull Goshen Orange Co. N.Y.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John G. Garmer
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1777 1 Private Capt Beach Genl Wynes. Staten Island 71 Years   6 Huttenberg Elizabeth Montana a citizen of   2 Town of N.Y. at a loss in   21 " Capt Beach Genl Wines Leary   21 " Debo Genl Wines Elizabeth   21 " Town   21 " Capt Beach   15 " Capt Beach   2 15 "  
at various other times and places
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an organized corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev
WIDOW, &c.
own
File No. 23091
Elizabeth Gardner
Widow of
John Gardner
Brn V.F. line
Act: Mar 3 rd 1843
Index:—Vol. A , Page 265
[Arrangement of 1870.]
✓

New York Rev.
John Gardner met
Suspended
lot. 6 Monell 31
Oct. 33
lot to farm Nov 12. '34 " " " Dec. 6 th '34
Adm l
Act of Service 32

Agent notified Letter to S. Knapp, 21. Sep. 1841
New York 6378
Elizabeth Gardner widow of John Gardner
who was a pensioner under the Act of June 1832 and who died on the 2 d  April 1839 29. May 1837 of Orange Co. in the State of N. York who was a Private in the company commanded by Captain Beach of the reg't. commanded by Genl. Wines in the N. Jersey mil. line for 7 months
Inscribed on the Roll of New York at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1836. 30. May 1837.
Certificate of Pension issued the 18. day of Sept r 1841 and sent to Hon. J. G. Clinton, Newburgh, N. York
Arrears to the 4th of March 1841 $ 44.76 Semi-annual allowance ending 91.64
{ Act July 7, } 1838. }
Recorded by D. Brown Book A. Vol. 2.
Clerk, Page 80

Rept of Secy 23 New certificate ipd. in this case, see the opinion of the atty. Genl. of the 20. September 1842
N v 6,378- New York -
Elizabeth Gardner widow of John Gardner - who was a pensioner under the Act of 1832 - and who died on the 29 th : May, 1837 - of Orange Co. in the State of New York - who was a private in the company - commanded by Captain Beach - of the New Jersey-line for 7 months - commanded by Ulrey - in
Inscribed on the Roll of New York at the rate of 23 - Dollars 33 Cents per annum, to commence on the 4 th day of March, 1836. & terminating on 29 th : May, 1837 -
Certificate of Pension issued the 22 d - day of May 1843 and sent to J. A. Dun- ning, Bloomingburgh, Sullivan co. N. Y.
Total amount, $28.83
[Act July 7, 1838.]
Recorded by William Clerk, Book 1 Vol. 2 Page 80

John Gardner Sup Affidavit
C. Mandell Esq., Goshen N.Y.
John Gardner

Orange County ss. John Gardner of the town of Minisink being duly sworn saith that he is now in the seventy third year of his age that he served in the Revolutionary Army in the mili- tia under Captain Sabie Brack in Colonel Suly Regt for one month in the fall of 1777 at Elizabeth Town in the state of New Jersey and in the year 1778 he served two months at Elizabeth Town as a private in the militia in Captain Sabie Brack's Company Col d Suly Regiment Adjutant Bell. in the forepart of the season - that in the same season he served in the militia at Duchanack and Ramu- po for the period of two weeks under Captain Brack Col- Suly's Regiment that during this last term of service the brutal massacre of Colonel Baylors troops took place in a barn at Lappan by a party under general Gray in the night that the defendant was upon guard that night at Ramapo and heard the guns at Lappan and in the fall of the same year 1778 this defendant served as a private in the militia at Morristown N.J. under Capt. Sabie Brack in Colonel Suly's Regiment for the period of one month that in the winter of 1779 he served for one other month under the same offi- cers as a private in the militia - and was stationed at Morri- stown N.J. that in the spring of the year 1779 he served one other month in the militia at Morristown N.J. under the last mentioned officers and in the summer of 1779 he served one other month in the militia at Morristown N.J. under the same officers last above named - That in the year 1778 he served for the term of three weeks passed through Elizabeth Town Rahway Woodbridge Spanktown Boundstown & New Brunswick and had returned to Elizabeth town where in Captain Brack's company things there was no Colonel along the town we were discharged on the day of the Monmouth battle That in the year 1779 he served in the militia under Capt Debow Genl. Wayne commanded at Colonel Rossercrafty in Min- -ink and along the Delaware River in pursuit of the Indians and there was out this term three weeks - That this defendant has thought much upon the subject and cannot give a more detailed statement than that above given and does not know of any person now living who served with him that during all the periods above mentioned this defendant served as a private in the militia of the United States in the Revolutionary

War and was not engaged in any secular employment That he frequently saw Genl. Washington during his service but was never under his immediate command
That he was called out at another time not above stated upon an alarm & was out for two weeks at Connecticut Farms in Captain Labys Brach dont remember the Colonel if there was any Barron Stuken was there and exercised the troops
Sworn & subscribed this
11 th June 1834 before me
John Gardner
Chs. Monroe a Supreme Court
Commissioner for Orange County
State of New York
Orange County } I Asa D. Dorrine Clerk of the said County do Certify that Charles Monroe Esq. before whom the foregoing affi- davit was sworn to me at the date of the same a Supreme Court Commissioner in and for the said County and that his name subscribed to said affidavit is his genuine signature
Witness my hand and Seal of office this 20 th day of June 1834
Asa D. Dorrine

E Oct 2. 1843
Memphis N.Y. Oct 28 - th
requesting transfer Elizth Gardner N.Y.
Hon. J. S. Othway. Commissioner of Pensions Washington City
Miss

Normingburgh Sullivan County N.Y. 28 Sept 1843
De Sir
The widow Elizabeth Gardner resides in the County of Orange N.Y. - she wishes to have the order of payment changed from the Agency at Albany to the Agency for Paying Pensions in the City of New York as she can get her money with much less expense. She received her first Payment up to September 14th 1843 at the Agency at Albany, please forward the same to me as agent.
Yours Very Respectfully, Joseph Ellis.
Wm. L. Edwards

TREASURY DEPARTMENT.
Second Comptroller's Office, March 6 th , 1839.
Sir:
Under the act of the 6 th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Widow of John Gardner, a Pensioner on the Roll of the New York City Agency, at the rate of Twenty three Dollars and thirty three Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March 1835, to the 29 th May, 1837, the day of his death.
Respectfully, yours,
William E. Parrish Comptroller.
To the Commissioner of Pensions, Present.

May - June 23
John Gardner
Task sent for the papers
Wash H
J. J. Collins
Reserve office
Washington City
WASH

Gorham June 20 th 1834
Dear S r L. Colward
Sir! I enclose you the affidavit of John Gardner to supply as far as possible the defects in his declaration he is very inform and recollection very much impaired but a Man of unimpeachable integrity
Yours with the highest consideration
Ch s Merrill

Nov 27.
addl decl'n Mr. Gardner N.Y.
LAKE
J. L. Edwards Esquire Pension office Washington City

State of New York
Orange County ss. John Gardner of Minisink being duly sworn saith that in his declaration or in his supplemental affidavit for a pension under the act of June 7 th 1832 he did not mean to be understood that he performed at any one time more than a months service without his returning home and others being ordered out in his place and when their terms of service was out he the deponent was ordered out that he was out in the American service for seven months in the New Jersey militia but cannot state the same with more distinctness than he has stated in his former affidavits that in addition to the above seven months he was out in the militia upon two expeditions of three weeks each and upon two alarms two weeks each making in the whole nine months and a half service. And this deponent further saith that he about five weeks ago came to the knowledge that Job Loru was in the American Revolution together that this deponent was out in the service four of the seven months above stated with the said Job Loru and further saith not
Sworn & subscribed this
21 st day of November 1834
before me B h . M c Guire a Supreme Court Commissioner for Orange County
John Gardner
State of New York
Orange County ss. Job Loru a pensioner under the act of Congress of the 7 th June 1832 being duly sworn deposeth and saith that he is in his seventy sixth year that he knows John Gardner of the town of Minisink who deposed to the above affidavit that he was out in the American Revolution in the New Jersey militia as follows towit one month at Elizabeth town and along the coast one month at Morristown next one month at Quackinack and that neighbourhood and then one other month at Morris town two of said months tours was in the year 1777 and two of them in the year 1778 as deponent thinks - that this deponent was brought up from boyhood & lived during the Revolution within about two miles of where the said John Gardner lived that this deponent at other

times when defendant was not in person himself understood from the family of said Gardner that he had gone out with the mother at two different times he is sure and thinks oftener but does not remember when he had gone
Sworn & subscribed this 21st day of November 1834
Job Love
before me Chas. Merrill a Supreme
Court Commissioner for Orange County.
I certify that Job Love the defendant in the above affidavit is a credible witness and entitled to full credit & belief.
State of New York Orange County - ss
Chas. Merrill a Supreme Court Commissioner for Orange County
I Asa D. Winning Clerk of the said County do hereby certify that Charles Merrill Esq. before whom the foregoing affidavits of John Gardner & Job Love were sworn was at the date of the same a Supreme Court Commissioner in and for said County and that I am acquainted with his handwriting and justly believe his name subscribed to the said affidavits to be his proper handwriting and signature —
Witness my hand and Seal of Office This 24th day of November 1834
Asa D. Winning

State of New York a renewed bounty - 3% I Asa L. Dunning Clerk of the Seneca County do hereby certify that Charles Merrill Esq. before whom the within
Gethse Novr 23 rd 1884
Dr Sir
Inclosed I send you the affidavits of John Gardner in explanation of his former affidavit together with actual proof of four months service in company with the department and also the information of the witness obtained at the time he was out which it seems to me is making stronger proof than the list of congress or the regulations of the war department has ever required. I know Gardner & know that he is an honest man but is old and feeble and his memory is very frail.
Yours truly
Chas. Merrill

1180
J. O'Dunning agt Bloomingburgh Sullivan County N.Y.
Admit $23. 33/100 per Ann New York City Agency Send as above.

States of New York Orange County ss.
On this 15 th day of May, 1843 personally appeared before me the undersigned one of the justices of the Court of Common peace in and for the county of Orange in said State Elizabeth Gardner a resident of the town of Mamary in said county aged 81 years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed March 3 rd 1843 granting pensions to certain widows of persons who served during the war of the Revolution that she is the widow of John Gardner who was a soldier in the Revolution and that she applied for & received a pension under the act of 1838 at the rate of $23.33 1/3 per annum and that she still continues the widow of the aforesaid John Gardner
Elizabeth Gardner + mark
The words "Justice" & "peace" wrote on an envelope & "court of common" erased before execution Sworn and subscribed before me the day & year above written by making her mark
Simeon M c Stoddard Justice of the peace J. D r Dunning witness
N.B. - the said Elizabeth Gardner makes her mark in consequence of never having been instructed to write Simeon M c Stoddard Justice her veracity is unquestionable good of peace

State of New York
Orange County } ss on the 15th day of May 1843
James W DeKay Personally appeared before me the undersigned one of the justices of said County of Orange a resident of said County aged 44 years who being duly sworn according to law deposes & says that he was personally acquainted acquainted with John Gardner dec'd late of Minisink County Orange aforesaid with Elizabeth Gardner his wife who is now his widow & signed the foregoing declaration and that she has not married but still continues the widow of the aforesaid John Gardner
The word "Justice" written on an erasure
done before execution of Orange aforesaid interlined
James W DeKay
Subscribed & sworn before me the day and year above written
Simson M. Stoddard Justice of peace
J. O'Donnell witness
I certify that I am acquainted with the above named
STATE OF NEW YORK, } ss. I, LEBBEUS L. VAIL, Clerk of the Court of Common Pleas, in and for the County of Orange, Do HEREBY CERTIFY, That
Simson M. Stoddard before whom the foregoing Affidavit was subscribed and sworn, was at the time of taking the same, a Justice of the peace in, and for said county : and further,
that I am well acquainted with the hand writing of the said Justice and verily believe that the signature to the said Affidavit & Certificate is genuine.
IN WITNESS WHEREOF, I have hereunto set my Hand and affixed the Seal of
the said County, the 16th day of May
1843
Lebbeus L. Vail, Clerk

State of New York
Orange County } ss on the 15th day of May 1843
James W De Cay Personally appeared before me the undersigned one of the justices of said County of Orange a resident of said County aged 44 years who being duly sworn according to law deposes & says that he was personally acquainted acquainted with John Gardner dec'd late of Minisink County Orange aforesaid with Elizabeth Gardner his wife who is now his widow & signed the foregoing declaration and that she has not married but still continues the widow of the aforesaid John Gardner
The word "Justice" written on an erasure
done before me the day of Orange aforesaid interlined
James W De Cay
Subscribed & sworn before me the day and year above written
Simson M c Stoddard Justice of peace
J. O'Dunning witness
I certify that I am acquainted with the above named James W De Cay and believe him to be entitled to full credit and belief
Simson M c Stoddard Justice of peace
J. O'Dunning witness
J. P.

Elizabeth Gardner N.Y.
ail 3 July 38.
23 33 from March 36. to 39 May 37
J. O'Dunning agt Bloomingburgh Sullivan County N.Y.
My francan
J. O'Dunning Bloomingburgh Sullivan Co N.Y.
May 19 1843

State of New York
Orange County ss On the 15 th day of May 1843
James W DeCay Personally appeared before me the undersigned one of the justices of the peace in and for said county James W DeCay a resident of said county aged 44 years who being duly sworn according to law deposes & says that he was personally acquainted with John Gardner de ce late of Orange County and with Elizabeth Gardner his wife who is now his widow & signed the foregoing declaration and that she has not intermarried but continues the widow of the aforesaid John Gardner who was a pensioner of the United States at the time of his decease. Subscribed & sworn before me the day & year above written. James W DeCay
Simson McStoddard Justice of peace S. O'Dunning witness
STATE OF NEW YORK, } ss. 1, LEBBEUS L. VAIL, Clerk of the Court of Common Pleas, in and for the County of Orange, Do HEREBY CERTIFY, That Simson Mc. Stoddard before whom the foregoing Affidavit was subscribed and sworn, was at the time of taking the same, a Justice of the peace in, and for said county : and further, that I am well acquainted with the hand writing of the said Justice and verily believe that the signature to the said Affidavit & certificate is genuine. IN WITNESS WHEREOF, I have hereunto set my Hand and affixed the Seal of the said County, the 16 th day of May 1843. Lebbeus L. Vail, Clerk

State of New York
Orange County ss On the 15 th day of May 1843
James W Drey Personally appeared before me the undersigned one of the justices of the peace in and for said county James W Drey a resident of said county aged 44 years who being duly sworn according to law deposes & says that he was personally acquainted with John Gardner de ce late of Orange County and with Elizabeth Gardner his wife who is now his widow & signed the fore- going declaration and that she has not intermarried but continues the widow of the aforesaid John Gardner who was a pensioner of the United States at the time of his decease Subscribed & sworn before me the day & year above written James W Drey
Simon M c Stoddard Justice of peace J. O'Dunning witness
I certify that I am acquainted with the above named James W Drey and believe him to be entitled to the fullst credit and belief -
Simon M c Stoddard Justice of Peace J. O'Dunning witness

State of New York Orange County ss
On this 15 th day of May 1843 person- ally appeared before me the subscriber a justice of the peace in and for the County of Orange aforesaid Elizabeth Gardner a resident of Minisink — in said County aged 80 years who, being duly sworn according to law doth on her oath make the following declaration in order to obtain the amount of pension which she claims from the 4 th of March 1836 to the 30 th day of May 1837 from which period she has been already paid under the Act of the 7 th July 1838 and the declarant further alleges that she is still the widow of John Gardner — who was a Soldier and served during the Revolutionary war that her pension was allowed at the rate of $23.33 1 / 3 Dollars per annum and was paid to her at the agen- cy in the City of New York & she further saith not
Subscribed and sworn before me the day & year above written by making her mark
Elizabeth Gardner mark
Simon M c Stoddard Justice of Peace J O Dunning witness
N.B. The said Elizabeth Gardner makes her mark, in consequence of having never been instructed to write
Simon M c Stoddard Justice of Peace

House of Representatives Sept 11. 1841
Sir
Herewith enclosed are the papers of Mrs Mary Moon & Elizabeth Gaudreau applicants for pensions returned attached together as you request by your note to me of the 25th ult. with the certificates of marriage from the family registers.
May I ask for your early decision of these cases and that you will direct to me at Newburgh N.Y.
Yours Respectfully W. H. Clinton
James S. Edwards Esq } Clerk of Pensions }